Terms and Conditions
1. TERMS AND CONDITIONS OF USE
A. All Content on ESD Web Sites is Proprietary and Is Protected
by Law, Including the Copyright and Intellectual Property Laws
Software, documentation, electronic text and image files, audio
and video clips and all other content on this web site are proprietary
and are protected by copyright and intellectual property laws
and may be covered by other restrictions as well. The New York
State Department of Economic Development retains all rights, including
copyright, in data, image, text, and any other information contained
in this site or its files. Copyrights and other proprietary rights
in the material on this site may also subsist in individuals and
entities other than, and in addition to, the Department. The Department
expressly prohibits the copying of any protected materials on
this site without written permission. Permission from the Department
for such use is granted on a case by case basis at the sole discretion
of the Department. All requests should be directed to
pstoj@empire.state.ny.us. For use of copyrights and other
proprietary rights that may subsist in third parties other than
and in addition to the Department, those third parties must also
be contacted directly for permission to copy and use their protected
materials.
B. Disclaimer of Liability
The New York State Department of Economic Development provides
this web site as a public service for informational purposes.
In providing information on this site, the Department has attempted
to be as accurate, complete and timely as possible. However, the
Department makes no claims, guarantees or promises about the accuracy,
currency, or completeness of the information provided. In no event
shall the Department be liable for any errors or omissions with
respect to any information on this site. Users are solely responsible
for compliance with the copyright and intellectual property laws
with respect to use of any and all information gained from this
site or links available on or through this web site.
C. Links to Third Party Web Sites and Third Party Transactions
This web site provides links to sites of government agencies
and other organizations maintained by third parties. A link does
not constitute an endorsement, express or implied, of the content,
viewpoint, accuracy, opinions, policies, products, services, or
accessibility of that web site. Links to third-party web sites
are provided as a convenience to the user; the Department does
not control, endorse or recommend their content. Once you link
to another web site from this web site, including one maintained
by the State of New York, you are subject to their terms and conditions
of that web site. The third party web sites and users of those
sites are solely responsible for compliance with the copyright
and intellectual property laws and the compilation and use of
any and all information on the third party web site.
The Department does not assure the accuracy of any information
provided by a third party that is available on the Department’s
web sites, including representations available through the “accommodations”
page or representations made by local organizations or private
businesses.
The Department has no responsibility relating to any transactions
undertaken or contractual relationships entered into between third
parties through or as a result of links to third party web sites
or representations made on or through the Department’s web sites,
including representations available through the “accommodations”
page.
D. Third Party Web Site Links to This Web Site
Linking by third party web sites to this web site is strictly
prohibited unless the Department grants express written consent.
All requests to link to this site should be directed to
pstoj@empire.state.ny.us.
2. PRIVACY
Definitions
The following definitions apply to, and appear in italics,
in this privacy policy:
- Personal Information shall have
the meaning set forth in section 202 of the State Technology Law.
- State Agency Web site shall have
the meaning set forth in section 202 of the State Technology Law.
- User shall have the meaning set
forth in section 202 of the State Technology Law.
Introduction
Thank you for visiting the Empire State Development (“ESD”)
web sites (hereinafter referred to simply as “web site”). The web
site is designed to make it easier and more efficient for individuals
and businesses to get information from and, in certain circumstances,
to interact with ESD. ESD recognizes the importance of protecting
web site visitor’s privacy and has taken measures to protect users
privacy with respect to visit to this web site.
Consistent with the provisions of the Internet Security and Privacy
Act, the Freedom of Information Law, and the Personal Privacy Protection
Law, this policy describes ESD’s
privacy practices regarding information collected from users of
this web site. This policy describes what information is collected
and how that information is used. Because this privacy policy only
applies to ESD’s web site, to you would be well advised to examine
the privacy policy of any web site, including other state
agency web sites, that you may access.
For purposes of this policy, "personal
information" means any information concerning a
natural person which, because of name, number, symbol, mark, or
other identifier, can be used to identify that natural person. ESD
does not collect any personal information about you unless you provide
that information voluntarily by sending an e-mail, responding to
a survey, or completing an on-line transaction.
SUMMARY OF PRIVACY POLICY
ESD respects your privacy. ESD will not collect personal identifying
information about you when you visit our web sites, unless you choose
to provide us with that information. Exceptions to this policy are
when such information is required for law enforcement investigations
or in the case of hackers, or others who might attempt to do harm
to ESD’s system. ESD will not retain “cookies” except for what is
necessary to run the system. ESD may archive web server activity
logs or related summaries at our discretion for an indefinite period
to be used to study site usage and to aid in our efforts to improve
all aspects of our sites. ESD will retain e-mail communications
long enough to allow us to appropriately respond.
If you do submit personal information and requests via this web
site, that information may be used only by ESD or its affiliates
and only: (1) in the compilation of data for use only by the ESD
and its affiliates; or (2) to provide you with information or materials
about ESD or New York State or to distribute prizes. This information
will not be shared with any other organization.
Where appropriate, ESD may add additional terms and conditions of
use and privacy for certain interactive events or programs. In such
circumstances, access to the additional terms and conditions will
be conspicuously displayed.
A. Information Collected Automatically When You Visit
this Web Site
When visiting this web site ESD automatically collects and stores
the following information about your visit:
- User client hostname.
The hostname or Internet Protocol address of the user
requesting access to a state agency
web site.
- HTTP header, "user
agent." The user agent
information includes the type of browser, its version, and the
operating system on which that the browser is running.
- HTTP header, "referrer." The referrer specifies
the web page from which the user accessed the current web page.
- System date. The date and time of the user's
request.
- Full request. The exact request the user
made.
- Status. The status code the server returned to the
user.
- Content length. The content length, in bytes, of any document
sent to the user.
- Method. The request method used.
- Universal Resource Identifier (URI). The location of a resource
on the server.
- Query string of the URI. Anything after the question mark
in a URI.
- Protocol. The transport protocol and the version used.
None of the foregoing information is deemed to constitute personal
information. The information that is collected automatically
is used to improve this web site's content and to help ESD understand
how users are interacting
with the web site. This information is collected for statistical
analysis, to determine what information is of most and least interest
to our users, and to improve
the utility of the material available on the web site. The information
is not collected for commercial marketing purposes and ESD is
not authorized to sell or otherwise disclose the information collected
from the web site for commercial marketing purposes.
B. Cookies
Cookies are simple text files stored on your web browser to provide
a means of distinguishing among users
of this web site. The use of cookies is a standard practice among
Internet web sites. To better serve you, we occasionally use "session
cookies" to enhance or customize your visit to this web site.
Session cookies can be created automatically on the device you
use to access this state agency web
site, and generally do not contain personal
information and do not compromise your privacy or security.
We may use the cookie feature to store a randomly generated identifying
tag on the device you use to access this web site. Depending upon
your system settings, session cookies may be erased during operation
of your browser or when your browser is closed.
You may be able to personalize your computer with respect to this
web site and permit a "persistent cookie" to be stored
on your computer's hard drive. If not currently available, this
option may be available in the future. A persistent cookie would
allow the web site to tailor information presented to you based
on your past needs and interests. ESD would use persistent cookies
only with your permission.
The software and hardware you use to access the web site allows
you to refuse new cookies or delete existing cookies. Refusing
or deleting these cookies may limit your ability to take advantage
of some features of this web site.
C. Information Collected When You E-mail or Complete
a Transaction
During your visit to this web site you may send an e-mail to
ESD. Your e-mail address and the contents of your message will
be collected. The information collected is not limited to text
characters and may include audio, video, and graphic information
formats included in the message. Your e-mail address and the information
included in your message will be used to respond to you, to address
issues you identify, to improve this web site, or to forward your
message to another State agency for appropriate action. Your e-mail
address is not collected for commercial purposes and the ESD is
not authorized to sell or otherwise disclose your e-mail address
for commercial purposes.
During your visit to this web site you may complete a transaction
such as a survey, registration, or order form. The information,
including personal information,
volunteered by you in completing the transaction is used by ESD
to operate ESD’s programs, which include the provision of goods,
services, and information. The information collected by ESD may
be disclosed by ESD for those purposes that may be reasonably
ascertained from the nature and terms of the transaction in which
the information was submitted.
Unless for a children's contest, ESD does not knowingly collect
personal information from
children or create profiles of children through this web site.
Users are cautioned, however,
that the collection of personal information
submitted in an e-mail will always be treated as though it was
submitted by an adult or with parental approval and supervision,
and may, unless exempted from access by federal or State law,
be subject to public access. The Agency strongly encourages parents
and teachers to be involved in children's Internet activities
and to provide guidance whenever children are asked to provide
personal information on-line.
D. Information and Choice
As noted above, ESD does not collect any personal
information about you unless you provide that information
voluntarily by sending an e-mail, responding to a survey, or completing
an on-line form. You may choose not to send us an e-mail, respond
to a survey, or complete an on-line form. While your choice not
to participate in these activities may limit your ability to receive
specific services or products through this web site, it will not
normally have an impact on your ability to take advantage of other
features of the web site, including browsing or downloading information.
E. Disclosure of Information Collected Through This
Web Site
The collection of information through this web site and the disclosure
of that information are subject to the provisions of the Internet
Security and Privacy Act. ESD will only collect personal
information through this web site or disclose personal
information collected through this web site if the
user has consented to the
collection or disclosure of such personal
information. The voluntary disclosure of personal
information to ESD by the user,
whether solicited or unsolicited, constitutes consent to the collection
and disclosure of the information by ESD for the purposes for
which the user disclosed
the information to ESD, as was reasonably ascertainable from the
nature and terms of the disclosure.
However, ESD may collect or disclose personal
information without consent if the collection or disclosure
is: (1) necessary to perform the statutory duties of ESD, or necessary
for ESD to operate a program authorized by law, or authorized
by state or federal statute or regulation; (2) made pursuant to
a court order or by law; (3) for the purpose of validating the
identity of the user; or (4)
of information to be used solely for statistical purposes that
is in a form that cannot be used to identify any particular person.
Further, the disclosure of information, including personal
information, collected through this web site is subject
to the provisions of the Freedom of Information Law and the Personal
Privacy Protection Law.
ESD may disclose personal information
to federal or state law enforcement authorities to enforce its
rights against unauthorized access or attempted unauthorized access
to ESD's information technology assets.
F. Retention of Information Collected Through this
Web Site
The information collected through this web site is retained
by ESD in accordance with the records retention and disposition
requirements of the New York State Arts & Cultural Affairs
Law. Information on the requirements of the Arts & Cultural
Affairs Law may be found at http://www.archives.nysed.gov.
In general, the Internet services logs of ESD, comprising electronic
files or automated logs created to monitor access and use of Agency
services provided through this web site, will be retained for
several backup cycles and then destroyed unless relevant audit,
documentation requirements have not been met or unless appropriate
review and verification has been completed. Information, including
personal information, that
you submit in an e-mail or when you complete a survey, registration
form, or order form is retained in accordance with the records
retention and disposition schedule established for the records
of the program unit to which you submitted the information. Information
concerning these records retention and disposition schedules may
be obtained through the Internet privacy policy contact listed
in this policy.
G. Access to/Correction of Personal Information Collected
via this Web Site
Any user may submit a request to ESD to determine whether personal
information pertaining to that user has been collected through
this web site. Any such request shall be made in writing and must
be accompanied by reasonable proof of identity of the user. Reasonable
proof of identity may include verification of a signature, inclusion
of an identifier generally known only to the user, or similar
appropriate identification. The address to which such requests
should be made is:
Counsel’s Office
Empire State Development
30 South Pearl Street
Albany, N.Y. 12445
Within five (5) business days of the receipt of a proper request
ESD will attempt to provide a response or access to the personal
information; deny access in writing, explaining the
reasons therefore; or acknowledge the receipt of the request in
writing, stating the approximate date when the request will be
granted or denied, which date shall not be more than thirty (30)
days from the date of the acknowledgment.
In the event that ESD has collected personal
information pertaining to a user
through the state agency web site
and that information is to be provided to the user
pursuant to the user's request,
the privacy compliance officer shall inform the user
of his or her right to request that the personal
information be amended or corrected under the procedures
set forth in section 95 of the Public Officers Law.
H. Confidentiality & Integrity of Personal Information
ESD is strongly committed to protecting personal
information collected through this web site against
unauthorized access, use or disclosure. Consequently, ESD limits
employee access to personal information
collected through this web site to only those employees who need
access to the information in the performance of their official
duties. Employees who have access to this information follow appropriate
procedures in connection with any disclosures of personal
information.
In addition, ESD has implemented procedures to safeguard the integrity
of its information technology assets, including, but not limited
to, authentication, monitoring, auditing, and encryption. These
security procedures have been integrated into the design, implementation,
and day-to-day operations of this web site as part of our continuing
commitment to the security of electronic content as well as the
electronic transmission of information.
For web site security purposes and to maintain the availability
of the web site for all users,
the Agency employs software to monitor traffic to identify unauthorized
attempts to upload or change information or otherwise damage this
web site.
I. Privacy Policy Disclaimer
The information provided in this privacy policy should not be
construed as giving business, legal, or other advice, or warranting
as fail proof, the security of information provided through this
web site.
J. Contact Information
For questions regarding this Internet privacy policy, please
contact:
Counsel’s Office
Empire State Development
30 South Pearl Street
Albany, N.Y. 12445
518-292-5120
tregan@empire.state.ny.us
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